High Speed Rail (London - West Midlands) Act 2017

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

3 (1) In its application by virtue of section 4(4), the Compulsory Purchase (Vesting Declarations) Act 1981 has effect as if it were subject to the following modifications.

(2) In section 3 (preliminary notices), for subsection (1) substitute—

“(1) Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is—

(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and

(b) published in the London Gazette.”

(3) In subsection (2) of section 3, for “(1)(b)” substitute “(1)”.

(4) In that section, omit subsections (5) and (6) and at the end insert—

“(7) For the purposes of this section, a person has a relevant interest in land if—

(a) the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or

(b) the person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.”

(5) In section 5 (earliest date for execution of declaration)—

(a) in subsection (1), after “publication” insert “in the London Gazette”, and

(b) omit subsection (2).

(6) References to the Compulsory Purchase Act 1965 are to be read as references to that Act as applied by section 4(3) to the acquisition of land under section 4(1).